Appellate Division of the Supreme Court of New York, 1966

In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.

In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.
Appellate Division of the Supreme Court of New York · Decided December 27, 1966
27 A.D.2d 575; 276 N.Y.S.2d 212; 1966 N.Y. App. Div. LEXIS 2746
In re the Arbitration between Yonkers Public Library & Landolfe Electrical Corp.

Opinion of the Court

Order of the *576Supreme Court, Westchester County, dated January 8, 1966, reversed, without costs; application denied and parties directed to proceed with the arbitration on written notice to be served. In our opinion, counsel for petitioner effectively waived petitioner’s right to move to stay arbitration by participating in the arbitration proceeding without moving for a stay (Matter of National Cash Register Co. [Wilson], 8 N Y 2d 377; CPLR. 7503, subd. [b]). Beldoek, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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